Booth et al v. United States of America

Filing 16

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/14/2020 MODIFYING the schedule as follows: Fact Discovery Cut Off is 11/20/2020, Plaintiff Expert Disclosure due by 12/4/2020, US Expert Disclosure due by 1/15/2021, Rebuttal Expert Disclosure due by 1/29/2021, Expert Discovery Cut Off is 4/30/2021, and Dispositive Motion Hearing by 7/16/2021. (Huang, H)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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RENEE BOOTH and BRADLEY CONVERSE, No. 2:19-cv-01612-KJM-CKD
JR. individually and as next friends of K.C., a
minor

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Plaintiffs,

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STIPULATION AND ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER

v.
UNITED STATES OF AMERICA,
Defendants.

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Plaintiffs Renee Booth and Bradley Converse, Jr., individually and as next friends of K.C.,

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a minor, and Defendant the United States agree to adjust the case schedule as follows and

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respectfully request that the Court modify the scheduling order accordingly.

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based on good cause as set forth below.

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e initial scheduling conference in this case was held on January

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is stipulation is

, and the parties

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agreed to a schedule prior to the Covid-

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working remotely since March

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Defendant’s counsel has also been working remotely (as have most United States Attorney’s Office

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attorneys and staff) since mid-March

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been working remotely.

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pandemic. Since that time, Plaintiffs’ counsel has been
and has conducted all law firm activity virtually.

. Many attorneys and staff for federal agencies have also

is has caused delays in acquisition and production of documents.

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e pandemic has impacted Plaintiff K.C.’s summer visitation schedule with his

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father, Bradley Converse, Jr. Due to the pandemic, his scheduled visitation began earlier than

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anticipated, and lasted longer than normal due to the postponement of school resuming. Plaintiffs’

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counsel previously scheduled K.C. to be evaluated by an expert witness, a neuropsychologist, in

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July

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cancelled and rescheduled again in September. Other expert witnesses tasked with projecting K.C.’s

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future medical needs are waiting to finalize their reports until the neuropsychological evaluation is

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complete.

. Due to visitation scheduling changes, this evaluation was postponed until August, then

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Given the combination of lack of travel options, virtual law firm operations and

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changes to K.C.’s schedule due to the pandemic, Plaintiffs’ counsel approached Defendant’s counsel

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about the extension of several discovery deadlines to allow the parties to timely complete discovery.

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e parties have reached an agreement on new deadlines and request that the Court modify the

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schedule as follows to allow adequate time for the parties to properly evaluate the case.

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Event
Fact Discovery Cut Off
Plaintiff Expert Disclosure
US Expert Disclosure
Rebuttal Expert Disclosure
Expert Discovery Cut Off
Dispositive Motion Hearing by

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Current Date
9/18/20
9/25/20
10/30/20
11/13/20
2/5/21
4/16/21

Proposed New Date
11/20/20
12/4/20
1/15/21
1/29/21
4/30/21
7/9/21

Respectfully Submitted,

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Dated: September 14, 2020

By: /s/ Laurie Higginbotham
Laurie Higginbotham, pro hac vice
Texas State Bar Number: 50511759
[e-mail]

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Tom Jacob, pro hac vice
Texas State Bar Number: 24069981
[e-mail]

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David E. Smith, Local Counsel
Email: [e-mail]

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Attorneys for Plaintiffs

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McGREGOR W. SCOTT
United States Attorney

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Dated: September 9, 2020

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By: /s/Victoria L. Boesch (auth. 9/4/20)
VICTORIA L. BOESCH
Assistant United States Attorney
Attorneys for the United States

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ORDER

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The Court modifies the schedule as follows:

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Event
Fact Discovery Cut Off
Plaintiff Expert Disclosure
US Expert Disclosure
Rebuttal Expert Disclosure
Expert Discovery Cut Off
Dispositive Motion Hearing by

Current Date
9/18/20
9/25/20
10/30/20
11/13/20
2/5/21
4/16/21

DATED: September 14, 2020.

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Proposed New Date
11/20/20
12/4/20
1/15/21
1/29/21
4/30/21
7/16/21